My daughters boyfriend is a private hire driver with a settle car not registered in his name. In October last year he must have been caught on camera dropping someone at Manchester Airport, he was doing 70 when it had been restricted to 50. In November he received a letter saying because he didn’t give the information of who was driving he had been given 6 points. He called up the court to ask what was it about as he hadn’t had a letter and was told to do a statutory declaration and was given a date. Just before the date to do this he received a summons on referral for this month to attend a court where the speeding had happened.

The court date was yesterday and he forgot about it and did not attend, he was convinced it was 16th and only realised after my daughter told him to check (got the letter 3 mthis ago, I know, no excuse)

As soon as he realised he called the court and was told he had been disqualified for 6mths, prior to this his licence was clean.

I am presuming they doubled the initial 3 points to 6 then 6 for not informing them. The thing is that the keeper of the car (taxi firm) must have provided driver details otherwise how would they have got his address. He is totally distraught as he has never had any dealings with the courts so he was totally naive to what was going on.

He has not only lost his licence but also his job if he doesn’t get this sorted, he really doesn’t know what to do , so I’m hoping someone can offer some advice.

Although I am wondering how they banned him from driving in his absence, as we are told that courts do not like doing this as it could (and probably has in this instance) lead to driving while disqualified.

The summons explicitly said - so the defendant should not be surprised.

But unless he put in an early plea, how would the court know he had received the summons?

Her could have asked for one while he was there, but given his previous form perhaps that was a bit much to hope for. Either phoning or writing should work but he need to do it, and get on with it since the first appeal is out of time already and he is going to be asking the court to accept a late appeal.

As the court seems to have accepted some sort of ‘appeal’, I wonder if they chose to reopen the case rather than go to an appeal, it’s hard to believe they would lift his ban pending an appeal if no appeal has been applied for!

Some people really are there own worst enemy.

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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

You are using your level of competency to judge another. He was actually in tears whilst in court as he was completely overwhelmed with the whole experience , so no, maybe he doesn’t absorb information or the process as quick as you would but you’re not him and he isn’t you and although this forum is extremely helpful I do find some comments made rather uncalled for 😔 people come here because they don’t understand what’s happening so I’m not sure what there is to be gained from some of the remarks made 🧐

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QUOTE (Typan @ Sat, 17 Feb 2018 - 10:23)

You are using your level of competency to judge another. He was actually in tears whilst in court as he was completely overwhelmed with the whole experience , so no, maybe he doesn’t absorb information or the process as quick as you would but you’re not him and he isn’t you and although this forum is extremely helpful I do find some comments made rather uncalled for 😔 people come here because they don’t understand what’s happening so I’m not sure what there is to be gained from some of the remarks made 🧐

It’s all well and good saying he doesn’t understand but it is extremely frustrating when it is explained to him (via you) yet he still doesn’t follow that advice. You can hardly criticise those giving up their free time to help for being frustrated at that.

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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.

I am extremely grateful for advice given but if people aren’t aware of the judicial process then it is confusing, I was just trying to highlight the fact that people here are adept at what you need to do. I am by no means stupid but I confess I am confused. Why didn’t the court give him a form and explain the next step, if you can’t afford a solicitor then your just supposed to know ?

I am extremely grateful for advice given but if people aren’t aware of the judicial process then it is confusing, I was just trying to highlight the fact that people here are adept at what you need to do. I am by no means stupid but I confess I am confused. Why didn’t the court give him a form and explain the next step, if you can’t afford a solicitor then your just supposed to know ?

I would have expected them to do so, perhaps if he was in tears and overwhelmed he failed to take in what was said. Perhaps someone should phone the court on Monday and enquire about the next step and an appeal form.

I am extremely grateful for advice given but if people aren’t aware of the judicial process then it is confusing, I was just trying to highlight the fact that people here are adept at what you need to do. I am by no means stupid but I confess I am confused. Why didn’t the court give him a form and explain the next step, if you can’t afford a solicitor then your just supposed to know ?

I would have expected them to do so, perhaps if he was in tears and overwhelmed he failed to take in what was said. Perhaps someone should phone the court on Monday and enquire about the next step and an appeal form.

Thanks he is going to call Monday,he thought they would write to him with an appeal date until I said you have to ask for a form. He said when he got there someone said you will be in and out in a few minutes. He said he thought that meant they had decided he would remain banned, so when they said the ban was suspended he was overwhelmed with relief. I do think the courts should do more to ensure people know what to do next. If you have never been to court before it is a scary process.

He will have almost certainly been told what would happen next in court, he may not have listened/heard of course.... I would suggest he doesn’t drive until he is 100% certain what the court actually decided.

He was told his driving ban had been suspended pending appeal to the Crown court and that was it. He is going to call today to see what he needs to do next, thanks again to everyone who has offered advice.

So he has received an appeal form today however the only information relates to 2 failure to disclose and he isn’t aware of when,where the second speeding offence occurred. The letter also said some people can appeal to the magistrate court but it didn’t really explain under what circumstances?

Who can give him the information re the how the first 6 points occurred? The court, DVLA ?

He also got a letter today with a date for the magistrate to attend Friday to ask for the appeal to suspend his ban however obviously he went last week and it was definitely lifted because the taxi company made him call the court from their office as the DVLA apparently takes several days to update. He then called them and they said it looked like a mistake but the girl was off until tomorrow so to call back?

I haven't read all of the replies but will try to do so later. However it would be extremely unusual for a Magistrates' Court to suspend a ban that had been properly made pending an appeal. Many defendants say they will appeal (following sentencing at a Magistrates' Court). Few of them actually do so and even fewer succeed with their appeal. For that reason the sentences handed down are usually left in place until the appeal.

Magistrates' Courts have a perfectly simple process available to them when they believe a mistake or an injustice has taken place. They can agree to reopen the case and hear the facts anew themselves. This does not involve a formal appeal. That is the usual form in circumstances such as this where a defendant (even if by his own omissions or negligence) ends up disqualified from driving.